McWhorter v. Northcut
Texas Supreme Court
•Application for writ of error to the Court of Civil Appeals for the First District, in an appeal from Gregg County. McWhorter sued the mayor and aldermen of Longview, and Lam, whom the council had, after removing plaintiff therefrom, appointed city marshal, the action being for mandamus to compel plaintiff’s restoration, and appealed from a judgment on demurrer denying him relief.
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•Application for writ of error to the Court of Civil Appeals for the First District, in an appeal from Gregg County. McWhorter sued the mayor and aldermen of Longview, and Lam, whom the council had, after removing plaintiff therefrom, appointed city marshal, the action being for mandamus to compel plaintiff’s restoration, and appealed from a judgment on demurrer denying him relief. On his appeal the Court of Civil Appeals dismissed the case because the term of office sued for had expired, and he applied for writ of error.
1Opinion of the Court
GAINES, Chief Justice.
We are of the opinion that the Court of Civil Appeals made a correct disposition of this case. Until the opinion on the motion for a rehearing in the case of Robinson v. State, 87 Texas, 562, it was the settled rule in this State not to entertain an appeal in a suit to determine the title to an office after the term of office under the law had expired. Upon the argument of that motion, it was urged that since it had been determined that an officer wrongfully ousted could sue for and recover the fees of the office, it was improper to dismiss the appeal and to leave the…
2Cases cited3 opinions
- Lacoste v. DuffyTexas Supreme Court · 1878
- Robinson v. StateTexas Supreme Court · 1895
- Gordon v. StateTexas Supreme Court · 1877
3Cited by54 opinions
- Texas Foundaries, Inc. v. International Molders & Foundry Workers UnionTexas Supreme Court · 1952
- City of West University Place v. MartinTexas Supreme Court · 1939
- International Ass'n of MacHinists Union No. 1486 v. Federated Ass'n of Accessory WorkersTexas Supreme Court · 1939
- Brown v. FlemingTexas Commission of Appeals · 1919
- Taylor v. Nealon, Chief JusticeTexas Supreme Court · 1938
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